Legal Opinion
In re Miller
New York Supreme Court
Decided September 15, 1909PublishedCited by 3 opinions
Application to cancel a notice of pendency of action.
1Opinion of the CourtCrane, J.
This is an application to cancel a notice of pendency of action filed in the Kings county clerk’s office by a trustee in bankruptcy who has commenced an action in the United States District Court to set aside, as fraudulent, a deed conveying the premises described in the notice.
Article IX, title I, chapter 14, of the Code of Civil Procedure, provides for the filing of notices of pendency of action and the filing of the complaint at the same time. In this matter, of course, the bill of complaint is filed in the United States District Court- in the eastern district of Hew York. The Code not…
2Cases cited3 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- County of Warren v. MarcySupreme Court of the United States · 1878
- Rutherglen v. WolfU.S. Circuit Court for the District of Eastern Virginia · 1876
3Cited by3 opinions
- Cayuga Indian Nation of New York v. FoxDistrict Court, N.D. New York · 1982
- Frederick v. Baxter Arms Corp.District Court, E.D. New York · 1941
- In re 1610 Avenue P, Inc.New York Supreme Court · 1938